Medicaid Litigation In Ohio Placed On Fast Track

The Ohio Supreme Court has designated fast-track status to litigation over whether the Buckeye State should be allowed to expand Medicaid eligibility under the Affordable Care Act.

The parties who had filed the lawsuit – six state GOP lawmakers and two Ohio-based right-to-life groups – had argued for an expedited hearing because the plan to provide Medicaid coverage to an additional 275,000 Ohioans would go into effect on Jan. 1.

Medicaid was expanded last month through the political maneuverings of Gov. John Kasich, who used the obscure Ohio Controlling Board to approve the acceptance of some $2.6 billion from the federal government in order to expand Medicaid coverage.

The Controlling Board – whose composition was changed in the days before the vote to make their Medicaid vote more favorable to Kasich – was sued the same day it approved the expansion.

Kasich, a Republican, has advocated for Medicaid expansion, stating his belief in a strong safety net for the poor, and seeking some cross-party appeal as he runs for reelection next year.

However, that position has put him at odds with much of the rest of his party, which has been vocally opposed to the Affordable Care Act. As a result, only half of the states have agreed to expand Medicaid using 100% federal funding over the next three years, and 90% in the years after. Most of those states have either Democratic governors or Democratically-controlled legislatures.

Under the fast-tracking, the Ohio Attorney General's office has until today to file a response to the lawsuit. Pre-trial briefs and arguments will be due to the court by next month.